Patna High Court
BHAVISHYA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bond and conditions, including possible cancellation if a criminal antecedent is later found.
Summary
The petitioner, Bhavishya Kumar, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 90 litres of IMFL was recovered from another person. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that he has no prior criminal record, having been in custody since 27 November 2025. The court considered the allegations in the FIR, the length of his pre‑trial detention, and his clean antecedent. It held that these factors warranted the grant of regular bail. Accordingly, the court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to the condition that bail may be cancelled if a criminal antecedent under the Act is later discovered.
Issues considered
- Whether the petitioner is entitled to regular bail despite being in custody for over four months and alleged involvement under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the absence of any incriminating article in the petitioner’s possession and his lack of prior criminal record justify the grant of bail.
- Whether bail can be conditioned on the future discovery of a criminal antecedent under the same Act.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- section 30(a)
- false implication
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17911 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
BHAVISHYA KUMAR S/o Late Lal Chandra Paswan R/o Village - Baliya PS
- Shyampur, Distt.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chapra Rail P.S.Case
no. 239 of 2025 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 90 litres of IMFL
was recovered from the possession of the petitioner and one
another.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been falsely implicated in the
case. No incriminating article has been recovered from his
possession. He is in custody since 27.11.2025 and has no
criminal antecedent.
5. Heard learned A.P.P. for the State.
Patna High Court CR. MISC. No.17911 of 2026(2) dt.25-03-2026
2/2
6. Having heard learned counsel for the parties and taking
into consideration the allegations against the petitioner in the F.I.R.,
his being in custody for more than 4 months since 27.11.2025 and
not having any criminal antecedent, the Court directs the petitioner
to be enlarged on bail in connection with Chapra Rail P.S.Case no.
239 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise-III, Saran on the
following condition:
(i) If it transpires that the petitioner had criminal
antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
cancellation of bail of the petitioner.
(Partha Sarthy, J)
Bibhash
U T
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